Cotton Creek Circles, LLC, v. Rio Grande Water Conservation District
Issued October 19, 2009

On October 19, 2009, the Colorado Supreme Court issued its decision in Cotton Creek Circles, LLC, v. Rio Grande Water Conservation District. The Supreme Court issued its first decision in this case in 2008, upholding the Confined Aquifer New Use Rules for Water Division 3 ("Rules") that apply to new withdrawals from the confined aquifer in the San Luis Valley.  While the first appeal was pending, the State and proponents of the Rules sought costs in Water Court as prevailing parties under Colorado Rule of Civil Procedure 54(d).  The Water Court awarded costs to these parties, and opponents of the Rules appealed to the Supreme Court.  In its October 19, 2009 decision, the Supreme Court affirmed the Water Court's holding that it was appropriate to award costs to the State and proponents of the Rules under Rule 54(d), but remanded the case to the Water Court for recalculation of the amount of costs awarded. 

See the Supreme Court decision